Onerous Bequests: When Inheritance Comes with Strings Attached
The Burden of Obligations in Wills
Choosing Between Beneficial and Onerous Gifts
By Vishwas Kumar
New Delhi: April 18, 2026:
Inheritance law is not always about receiving wealth or property without conditions. Sometimes, legacies come with obligations that may outweigh their benefits. The Indian Succession Act addresses this through the concept of onerous bequests, ensuring that legatees cannot cherry-pick favourable parts of a gift while discarding the burdensome ones. Sections 122 and 123 provide clarity on how such situations are to be handled.
Section 122: Onerous Bequests
An onerous bequest is one where the property left to a legatee carries obligations, liabilities, or burdens. The law states that a legatee cannot accept only the beneficial part of such a bequest while rejecting the burdensome portion. He must either accept the bequest in full or refuse it entirely.
This principle is rooted in fairness. If a testator intends to pass on both profitable and burdensome assets together, the legatee cannot selectively inherit only the profitable ones. The law ensures that the testator’s intent is respected and that obligations tied to property are not unfairly avoided.
Illustration
Suppose A owns shares in two companies: one prosperous and one struggling with heavy financial calls expected. A bequeaths all his shares to B. If B refuses to accept the shares in the struggling company, he forfeits the profitable shares as well. The bequest is treated as a single package, and partial acceptance is not allowed.
This rule prevents legatees from exploiting inheritance by taking only the good while discarding the bad.
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Section 123: Independent Bequests
The law, however, recognizes that not all bequests are bundled together. Where a will contains two separate and independent bequests to the same person, the legatee is free to accept one and refuse the other.
This distinction is crucial. If the testator clearly makes independent gifts, the legatee is not bound to accept both. The law respects the autonomy of the legatee in such cases, allowing him to benefit from one gift without being saddled with the burdens of another.
Illustration
A bequeaths to B both a lease of a house (which carries a rent higher than its rental value, making it a liability) and a sum of money. B refuses the lease but accepts the money. This is valid because the two bequests are independent. The refusal of the onerous gift does not affect the beneficial one.
Key Distinction: Combined vs. Independent Bequests
The difference between Sections 122 and 123 lies in whether the bequests are combined or independent:
- Combined bequests: Must be accepted or rejected as a whole.
- Independent bequests: Can be accepted or refused separately.
This distinction ensures that testators’ intentions are honoured while also protecting legatees from being unfairly bound to obligations when the will clearly separates gifts.
Broader Implications
These provisions highlight the balance between testamentary intent and legatee autonomy. On one hand, the law enforces the testator’s decision to tie beneficial and burdensome assets together. On the other, it allows legatees to exercise choice when gifts are clearly independent.
For testators, the lesson is to draft wills with clarity. If they intend certain assets to be inseparable, they must structure the bequest accordingly. For legatees, the law provides guidance on when they must accept obligations and when they can refuse them.
In practice, disputes often arise over whether bequests are truly independent or part of a combined package. Courts examine the wording of the will and the testator’s intent to resolve such issues. The guiding principle remains fairness and respect for both parties’ rights.
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OF ONEROUS BEQUESTS
122. Onerous bequests.—Where a bequest imposes an obligation on the legatee, he can take nothing by it unless he accepts it fully.
Illustration
A, having shares in (X), a prosperous joint stock company and also shares in (Y), a joint stock company in difficulties, in respect of which shares heavy
calls are expected to be made, bequeaths to B all his shares in joint stock companies; B refuses to accept the shares in (Y). He forfeits the shares in (X).
123. One of two separate and independent bequests to same person may be accepted and other refused. — Where a will contains two separate and independent bequests to the same person, the legatee is at liberty to accept one of them and refuse the other, although the former may be beneficial and the latter onerous.
Illustration
A, having a lease for a term of years of a house at a rent which he and his representatives are bound to pay during the term and which is higher than the house can be let for, bequeaths to B the lease and a sum of money. B refuses to accept the lease. He will not by this refusal forfeit the money.
FAQ: Quick Guide to Onerous Bequests
Q1. What is an onerous bequest?
It is a legacy that imposes obligations or liabilities on the legatee, along with benefits.
Q2. Can a legatee accept only the beneficial part of an onerous bequest?
No. He must accept the bequest in full or reject it entirely.
Q3. What happens if a legatee refuses the burdensome part of a combined bequest?
He forfeits the beneficial part as well. The bequest is treated as a single package.
Q4. What is the difference between combined and independent bequests?
Combined bequests must be accepted or rejected as a whole, while independent bequests can be accepted or refused separately.
Q5. Can a legatee accept money but refuse a burdensome lease if both are bequeathed?
Yes, if the will makes them separate and independent bequests.
Q6. Why does the law enforce full acceptance of onerous bequests?
To prevent legatees from unfairly benefiting by taking only profitable assets while discarding liabilities.
Q7. How can testators ensure their intent is respected?
By drafting wills clearly, specifying whether gifts are combined or independent.
Q8. What is the practical takeaway for legatees?
Understand whether the bequests are bundled or separate. If bundled, they must be accepted fully; if separate, they can choose.
In essence, the law of onerous bequests teaches that inheritance is not always a windfall—it can carry responsibilities. By distinguishing between combined and independent gifts, succession law ensures fairness while honouring the testator’s intent.